Ciaran

Briefly, although scanned documents and print outs of the scanned
documents are admissible, the Court expects to see originals, or that
the originals are available for inspection.

If the original does not exist, the scanned copy would be a hearsay
document, and although admissible in a civil court it would carry less
weight evidentially.

You may be aware that there is a body of rules governing litigation in
the civil court arena, being the Civil Procedure Rules (CPR).

Under the practice direction to Part 32 of the CPR, it is stated at
paragraph 13.1 that:

"Photocopies instead of original documents may be exhibited [to witness
statements] provided the originals are made available for inspection by
the other parties before the hearing and by the judge at the hearing."

Scanned copies and print outs of these scanned copies would not
technically be original copies, and therefore the use of these may fall
foul of the above.

The use of scanned documents also opens up the possibility that the
defendant in any claim may state that the scanned copy is not a true
representation of the original, thus casting doubt. If the original copy
is kept then this problem cannot occur.

I agree with Simon that it is very much a case of risk assessment
taking into account your particular circumstances, and that the
originals of any documents such as contracts or other "high risk"
documentation be retained.

Hope this is of some use.

David Kitson
Senior Solicitor
Legal and Support Services
Scarborough Borough Council
DX 719232 SCARBOROUGH 5
Tel: 01723 384319
Fax: 0870 2384 160
E Mail: [log in to unmask]
Website: www.scarborough.gov.uk
www.discoveryorkshirecoast.com

>>> Simon Macauley <[log in to unmask]> 07/01/2009 10:10 >>>
Hi Ciaran,
I guess not many responses then?
We are currently setting up a scanning system and policy.  Without
going in depth, basically, there is no definitive answer.  There is
not
enough case law about to guarantee 100% an electronic copy is valid in
a
court of law.  However the convention is that in 'most' cases it will
be.    Most of our letters in and out will be scanned with sigs and
destroyed.  However, signed contracts will be scanned but the hardcopy
will be archived.  Really it's a case of risk assessment apporpriate
to
your organisation.  The Scottish gov has a comprehensive policy and
procedures for its scanning but it's heavy duty.  I used it as a
template but stripped out a lot.

We have an EDRMS system and the scanned docs will be part of a work
flow that asks if you are scanning a high risk doc or not.  High risk
docs are retained and sent to the records officer for storage.

Si.



Simon Macauley
Legal Compliance and Customer Services Officer
Scottish Funding Council
0131 313 6691

>>> "Ward, Ciaran" <[log in to unmask]> 18 December 2008
16:45:52 >>>
Can anyone clarify the legal validity of an electronic document in
court
proceedings?  What I'm trying to get at is how does such a document
become authenticated - eg does a scanned document require a signature
in
order to be valid?

 

 

 

Ciaran Ward - Information Officer

Direct: 01992 709819  

 

Lee Valley Regional Park Authority

Myddelton House, Bulls Cross, Enfield, Middlesex, EN2 9HG

Tel: 01992 717711  Fax: 01992 709922

www.leevalleypark.org.uk 

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